Legal Opinion

McDonald v. Thompson

Supreme Court of the United States

Decided February 3, 1902No. 95PublishedCited by 84 opinions

APPEAL FROM THE 'CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. This was a bill in . equity originally filed May 20, 1898, in the Circuit Court for the District of Nebraska, by Kent K. Hayden, receiver of the Capital National Bank of Lincoln; Nebraska, (of whom the present appellant is the successor in office,) against David E. Thompson, to recover defendant’s proportion of an assessment upon the stockholders of the bank to the amount of the par value of their shares.

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APPEAL FROM THE 'CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. This was a bill in . equity originally filed May 20, 1898, in the Circuit Court for the District of Nebraska, by Kent K. Hayden, receiver of the Capital National Bank of Lincoln; Nebraska, (of whom the present appellant is the successor in office,) against David E. Thompson, to recover defendant’s proportion of an assessment upon the stockholders of the bank to the amount of the par value of their shares. The bank failed on January 23, 1893, and a receiver was shortly thereafter appointed. On June 10, 1893, the Comptroller of…

1Opinion of the Court

Mr. J ustioe Brown,

after making the above statement, delivered the opinion of the court.

This bill is founded upon Bev. Stat., § 5151, which declares that “ the shareholders of every national banking association shall be held individually responsible, equally and ratably, and not one for another, for all contracts, debts and engagements of such association, to the extent of the amount of their stock therein, at the par value thereof, in addition to the amount invested in such shares,” etc. By section 5234 the Comptroller of the Currency is authorized to appoint a receiver of insolvent banks,…

2Cases cited9 opinions

  1. Richmond v. IronsSupreme Court of the United States · 1887
  2. Hawkins v. GlennSupreme Court of the United States · 1889
  3. Whitman v. Oxford National BankSupreme Court of the United States · 1900
  4. Matteson v. DentSupreme Court of the United States · 1900
  5. Concord First National Bank v. HawkinsSupreme Court of the United States · 1899

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3Cited by84 opinions

  1. Cope v. AndersonSupreme Court of the United States · 1947
  2. Russell v. ToddSupreme Court of the United States · 1940
  3. Rawlings v. RaySupreme Court of the United States · 1941
  4. McClaine v. RankinSupreme Court of the United States · 1905
  5. Brown v. O'KEEFESupreme Court of the United States · 1937

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